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AF | BCMR | CY2003 | 0201726
Original file (0201726.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01726
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to change his Survivor Benefit  Plan  (SBP)  election
from no coverage to full coverage, spouse only.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The  applicant  indicates  that  during  the  processing   of   his
retirement  application  he  was  distracted  by  personal  crises,
(family and at his church) which interfered with his  abilities  to
make an election more reflective of his true intent, which  was  to
ensure his wife’s protection under the SBP program.

He states that it is clear that had he failed to make an  election,
the Air Reserve Personnel  Center  (ARPC)  would  have  established
maximum coverage for his wife, by default.

Applicant’s request is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Effective 31 Dec 83, the applicant  was  assigned  to  the  Retired
Reserve awaiting pay at  age  60.   His  date  of  birth  (DOB)  is
28 Jan 42.

On 1 Nov 01, applicant executed DD Form 2656, Data for  Payment  of
Retired Personnel, and elected not to participate in  the  Survivor
Benefit Plan.  On the same date,  his  spouse  concurred  with  the
election.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP reviewed this application and recommended  denial.   In
order to establish survivor  benefit  coverage  under  the  SBP,  a
member must complete Section IX of DD Form 2656, Data  for  Payment
of Retired  Personnel,  and  submit  the  form  to  HQ  ARPC.   The
applicant completed the DD Form 2656, which was received at ARPC on
7 Nov 01.  Since the applicant elected not to  participate  in  the
SBP, and his spouse concurred with the decision,  HQ  ARPC  had  no
reason to question the validity of the election.

An election not to participate in the SBP  is  irrevocable  if  not
revoked before the date on which the member first becomes  entitled
to retired pay.  In the applicant’s case, he  did  not  revoke  his
election prior to his 60th birthday (28 Jan 02),  and  by  law,  he
cannot cover his spouse now.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submitted a letter further  explaining  his  original
contentions that he was in  the  midst  of  attending  to  critical
matters for two grandchildren,  dealing  with  some  family  health
challenges and helping to lead  some  major  facility  projects  at
church.  In the  limited  time  he  had  to  work  on  his  Reserve
paperwork, he was more focused on  completing  the  application  on
time.

He further states that HQ ARPC’s recommendation continues to  focus
on the obvious, that he elected not to participate, which he is not
contesting, but does not look at all or most aspects of the  entire
situation which includes:

     a.  That evidence of people making  paperwork  mistakes  under
stress is a frequent occurrence and does not indicate any intent to
disguise or mislead.

     b.  That he served the Air Force honorably for 23  years  with
nearly 9 years of active duty, including nearly 2 years in  Vietnam
and Southeast Asia.

He included a letter of qualification from his  pastor  along  with
his response.

Applicant’s complete response, with attachment, is at Exhibit E.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was not timely filed; however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case; however, we agree with the opinion and recommendation of  the
Air  Force  office  of  primary  responsibility  and  adopt   their
rationale as the basis for our conclusion that  the  applicant  has
not been the victim of an error or injustice.   Therefore,  in  the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of material error or injustice; that  the
application was denied without a personal appearance; and that  the
application will only be reconsidered upon the submission of  newly
discovered relevant evidence not considered with this application.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
02-01726 in  Executive  Session  on  21  January  2003,  under  the
provisions of AFI 36-2603:

      Mr. David C. Van Gasbeck, Panel Chair
      Ms. Patricia D. Vestal, Member
      Mr. Roscoe Hinton Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPP, dated 17 Jul 02.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Jul 02.
    Exhibit E.  Letter, Applicant, dated 11 Aug 02, w/atch.




                                   DAVID C. VAN GASBECK
                                   Panel Chair

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